Pastrygate

It started out as an intriguing little tidbit, when it was mentioned in a newspaper that a lawyer representing a "Big-Time Politician" was rumoured to have tried to have given a gift of 2 million baht to the office of the Supreme Court. The money was evidently placed inside a box of pastries, and Pastrygate was the term used for what was suspected as being an attempted bribe.

It all started on June 11th 2008 when the following was printed in The Nation:



Supreme Court president orders probe into report that Bt2 million given to court officials


Supreme Court President Wiraj Limwichai (นายวิรัช ลิ้มวิชัย)  has ordered an investigation into a report that a lawyer put Bt2 million in a candy box and gave it to certain officials of the Supreme Court. Sarawut Benjakul, deputy secretary-general of the Justice Affairs Office, said Wednesday that Wiraj appointed a committee of three judges to investigate the report. Sarawut said he learnt that the court officials had returned the money to the lawyer.



No mention of who was involved, but at the time there were three very high profile cases shortly to commence trial with the Supreme Court. Thaksin Shinawatra, and Watana Asavahame were due before the Supreme Court Criminal division for Political office holders and Yongyudh Tiyaphairat was due before the Supreme Court on a charge of violating the Election Act.

What was surprising about this case was that according to a spokesperson of the Supreme Court, once the money was discovered, it was photographed and then returned to the lawyer. It was only after the news was leaked, that the President of the Supreme Court,Wiraj Limwichai ordered a full inquiry.



June 10th 2008, Lawyers representing Thaksin and Pojaman Shinawatra go to the Supreme Court to file a request to appear at the Court. Later on the same day, the President of the Supreme Court appoints a panel to investigate a possible bribery attempt.

June 13th 2008, Seven court officials involved with the incident give formal testimony to the Supreme Court Panel

June 14th 2008, Preliminary findings by Supreme Court justices Mongkol Thapthiang (มงคล ทับเที่ยง), Weeraphol Tangsuwan (วีระพล ตั้งสุวรรณ) and Issaret Chairat (อิศเรศ ชัยรัตน์) indicated that the money was intended not for Judges but for the office staff at the Supreme Court. The lawyer was summoned to appear before the investigating panel.

June 17th 2008, It had emerged that Thana Tansiri, a legal representative of Thaksin Shinawatra was being implicated. Thana, when interviewed by the Investigation Panel tried to pass the incident off as a case of his driver giving him the wrong bag, one with 2 million baht as opposed to a similar one with pastries in.

June 19th 2008, Pichit Cheunban testifies to the Supreme Court Panel, denying any knowledge of the incident, although he does concede that he was present at the Supreme Court building that day

June 25th 2008, Three lawyers who represented Thaksin Shinawatra, Pichit Cheunban (พิชิฏ ชื่นบาน), Thana Tansiri (ธนา ตันศิร) and Supasri Srisawat (ศุภศรี ศรีสวัสด) were   ordered to spend 6 months in Jail
for violating court authority. Only Phichit and Supasri were present at the hearing and both were taken immediately to jail, and an arrest warrant was issued for Thana. Thana is married to Pojaman's cousin.

June 26th 2008, The Supreme Court requested that criminal charges be filed against the three lawyers under article 144 of the criminal code (bribery of state officials).This charge carries a maximum of 5 years imprisonment. Thaksin and Pojaman Shinawatra appointed Anek Khamchum as the lead lawyer and former senator Kamnuan Chaloptham as their legal representatives.

June 27th 2008, The Law Society of Thailand (LST) announced that they would set up a panel with the possibility of delisting the three lawyers. Currently this is under appeal by the three lawyers

June 29th 2008, Preliminary hearings of the Ratchada-Phisek case started at the Supreme Court, where witnesses, evidence and court schedule were decided.

June 30th 2008, The police were already announcing that there was probably insufficient evidence to proceed with the criminal charges. On the same day Thana Tansiri was finally taken to jail, after having been located at Bumrungrad hospital, Bangkok.




December 23rd 2008, The three lawyers were released from Prison, when the Police announced that there was not enough evidence to proceed with a criminal prosecution. The police decision was made 2 weeks prior to the three lawyer’s release, but the case was handed over to a public prosecutors' team, who have made no announcement, but made no objections to the three being released.


As with many things surrounding Thaksin Shinawatra, this case revealed very few answers, but left lots of unanswered questions. Throughout the period, Thaksin denied any involvement in the case.
 

 

Wikileaks 08BANGKOK2092 gave some more information about the pastrygate incident.  In the cable, a Shinawatra family lawyer conceded that the there had been an attempt to pay the money to court officials, but insinuated that this had been done at the request of the said officials
 
According to court records, Thana Tansiri met with M.L. Thitipong Chumpoonut (หม่อมหลวงฐิติพงศ์ ชมพูนุท)  at the supreme court building where they went to a unoccupied room, here Thana tried to hand over a sealed pastry box. M.L.Thitipong then went out and asked a superior if it was alright to accept the package, and was informed that it was not. For reason not fully explained someone then opened that pastry box and discovered that there was approximately two million baht inside in one thousand baht bill denominations.
 

Pichit Cheunaban still maintains his innocence and maintains that there is absolutely no point in trying to bribe officials of the court as they only do routine work; copying, filing, informing people of court schedules etc. He is currently a party list M.P for the Peau Thai party which has Yingluck Shinawatra (Thaksin’s younger sister) as the countries Prime Minister. He is also one of the parties legal advisers.